Florida Senate - 2024                                    SB 1094
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01169-24                                           20241094__
    1                        A bill to be entitled                      
    2         An act relating to immunization requirements; amending
    3         s. 381.003, F.S.; beginning on a specified date,
    4         requiring the Department of Health to obtain approval
    5         of the Legislature to add any new immunizations to
    6         those required for school attendance; making technical
    7         changes; creating s. 381.00301, F.S.; defining terms;
    8         authorizing persons to claim an exemption from any
    9         immunization requirement if a vaccine fully approved
   10         by the Food and Drug Administration is not available
   11         to fulfill the requirement; authorizing a person to
   12         claim the exemption on one’s own behalf or on behalf
   13         of one’s child or dependent; prohibiting employers,
   14         school districts, the department, and certain public
   15         entities from requiring a person to meet any other
   16         conditions to claim the exemption; requiring any
   17         person or entity requiring or administering a vaccine
   18         to ensure the person receiving the vaccine is informed
   19         of specified information and given an opportunity to
   20         ask questions; prohibiting the department and certain
   21         other public entities from imposing certain mandatory
   22         vaccination policies during a declared public health
   23         emergency without approval of the Legislature;
   24         prohibiting the department and certain other public
   25         entities from participating in or employing certain
   26         digital health identification registries or similar
   27         health data tracking mechanisms without approval of
   28         the Legislature; amending s. 1003.22, F.S.; revising
   29         exemptions from school attendance immunization
   30         requirements to conform to changes made by the act;
   31         making technical changes; providing an effective date.
   32  
   33         WHEREAS, informed consent to medical risk taking is a legal
   34  and moral right recognized by the state, and no resident of this
   35  state may be required to use vaccines or other pharmaceutical
   36  products that carry a risk of injury or death without the
   37  voluntary, informed consent of the adult or the parents or legal
   38  guardian of a minor child, and
   39         WHEREAS, new vaccine requirements for school attendance,
   40  employment, or any other societal access should require a vote
   41  of the Legislature to enact and should not be delegated to the
   42  Department of Health under its rulemaking authority, and
   43         WHEREAS, the state should not comply with mandatory
   44  vaccination policies or laws enacted by the World Health
   45  Organization or the United States Department of Health and Human
   46  Services or other federal agencies or organizations during a
   47  declared public health emergency without a vote of the
   48  Legislature, and
   49         WHEREAS, the state should not impose mandatory digital
   50  health identification and data tracking requirements adopted by
   51  the World Health Organization or the United States Department of
   52  Health and Human Services or other federal agencies or
   53  organizations on residents of this state without a vote of the
   54  Legislature, NOW, THEREFORE,
   55  
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Paragraph (e) of subsection (1) of section
   59  381.003, Florida Statutes, is amended to read:
   60         381.003 Communicable disease and AIDS prevention and
   61  control.—
   62         (1) The department shall conduct a communicable disease
   63  prevention and control program as part of fulfilling its public
   64  health mission. A communicable disease is any disease caused by
   65  transmission of a specific infectious agent, or its toxic
   66  products, from an infected person, an infected animal, or the
   67  environment to a susceptible host, either directly or
   68  indirectly. The communicable disease program must include, but
   69  need not be limited to:
   70         (e) Programs for the prevention and control of vaccine
   71  preventable diseases, including programs to immunize school
   72  children as required by s. 1003.22(3)-(11) and the development
   73  of an automated, electronic, and centralized database and
   74  registry of immunizations. The department shall ensure that all
   75  children in this state are immunized against vaccine-preventable
   76  diseases. Beginning July 1, 2024, the department must obtain
   77  approval of the Legislature to add any new immunizations to
   78  those required for school attendance. The immunization registry
   79  must allow the department to enhance current immunization
   80  activities for the purpose of improving the immunization of all
   81  children in this state.
   82         1. Except as provided in subparagraph 2., the department
   83  shall include all children born in this state in the
   84  immunization registry by using the birth records from the Office
   85  of Vital Statistics. The department shall add other children to
   86  the registry as immunization services are provided.
   87         2. The parent or guardian of a child may refuse to have the
   88  child included in the immunization registry by signing a form
   89  obtained from the department, or from the health care
   90  practitioner or entity that provides the immunization, which
   91  indicates that the parent or guardian does not wish to have the
   92  child included in the immunization registry. Each consent to
   93  treatment form provided by a health care practitioner or by an
   94  entity that administers vaccinations or causes vaccinations to
   95  be administered to children from birth through 17 years of age
   96  must contain a notice stating that the parent or guardian of a
   97  child may refuse to have his or her child included in the
   98  immunization registry. The parent or guardian must provide such
   99  opt-out form to the health care practitioner or entity upon
  100  administration of the vaccination. Such health care practitioner
  101  or entity shall submit the form to the department. A parent or
  102  guardian may submit the opt-out form directly to the department.
  103  Any records or identifying information pertaining to the child
  104  must shall be removed from the registry, if the parent or
  105  guardian has refused to have his or her child included in the
  106  immunization registry.
  107         3. A college or university student, from 18 years of age to
  108  23 years of age, who obtains a vaccination from a college or
  109  university student health center or clinic in this the state may
  110  refuse to be included in the immunization registry by signing a
  111  form obtained from the department, health center, or clinic
  112  which indicates that the student does not wish to be included in
  113  the immunization registry. The student must provide such opt-out
  114  form to the health center or clinic upon administration of the
  115  vaccination. Such health center or clinic shall submit the form
  116  to the department. A student may submit the opt-out form
  117  directly to the department. Any records or identifying
  118  information pertaining to the student must shall be removed from
  119  the registry if the student has refused to be included in the
  120  immunization registry.
  121         4. The immunization registry must shall allow for
  122  immunization records to be electronically available to entities
  123  that are required by law to have such records, including, but
  124  not limited to, schools and licensed child care facilities.
  125         5. A health care practitioner licensed under chapter 458,
  126  chapter 459, or chapter 464 in this state who administers
  127  vaccinations or causes vaccinations to be administered to
  128  children from birth through 17 years of age is required to
  129  report vaccination data to the immunization registry, unless a
  130  parent or guardian of a child has refused to have the child
  131  included in the immunization registry by meeting the
  132  requirements of subparagraph 2. A health care practitioner
  133  licensed under chapter 458, chapter 459, or chapter 464 in this
  134  state who administers vaccinations or causes vaccinations to be
  135  administered to college or university students from 18 years of
  136  age to 23 years of age at a college or university student health
  137  center or clinic is required to report vaccination data to the
  138  immunization registry, unless the student has refused to be
  139  included in the immunization registry by meeting the
  140  requirements of subparagraph 3. Vaccination data for students in
  141  other age ranges may be submitted to the immunization registry
  142  only if the student consents to inclusion in the immunization
  143  registry. The upload of data from existing automated systems is
  144  an acceptable method for updating immunization information in
  145  the immunization registry. The information in the immunization
  146  registry must include the child’s name, date of birth, address,
  147  and any other unique identifier necessary to correctly identify
  148  the child; the immunization record, including the date, type of
  149  administered vaccine, and vaccine lot number; and the presence
  150  or absence of any adverse reaction or contraindication related
  151  to the immunization. Information received by the department for
  152  the immunization registry retains its status as confidential
  153  medical information and the department must maintain the
  154  confidentiality of that information as otherwise required by
  155  law. A health care practitioner or other agency that obtains
  156  information from the immunization registry shall must maintain
  157  the confidentiality of any medical records in accordance with s.
  158  456.057 or as otherwise required by law.
  159         Section 2. Section 381.00301, Florida Statutes, is created
  160  to read:
  161         381.00301Required immunizations; exemption; informed
  162  consent; public health emergencies; health data tracking.—
  163         (1)As used in this section, the term:
  164         (a)“Department” means the Department of Health.
  165         (b)FDA” means the United States Food and Drug
  166  Administration.
  167         (c)“FDA-approved vaccine” means a vaccine that has been
  168  fully approved by the FDA after undergoing the agency’s standard
  169  approval process. The term does not include vaccines that the
  170  FDA has authorized for emergency use only, pending full
  171  approval.
  172         (d)“Licensure” means any license, certification, or
  173  registration required by law to practice a profession in this
  174  state.
  175         (2)Notwithstanding any other law, a person who is required
  176  to receive an immunization for any purpose, including as a
  177  condition of employment, school attendance, or licensure, may
  178  claim an exemption from the immunization requirement if there is
  179  no FDA-approved vaccine that can fulfill the immunization
  180  requirement. A person may claim the exemption on his or her own
  181  behalf or on behalf of his or her child or dependent. An
  182  employer, a school district, the department, or any other state
  183  agency, board, or commission may not require a person to meet
  184  any other condition to claim the exemption.
  185         (3)Any entity requiring or administering a vaccine must
  186  ensure that the person receiving the vaccine has been fully
  187  informed of, and had an opportunity to ask questions regarding,
  188  all of the following:
  189         (a)Whether the vaccine has been fully approved by the FDA.
  190         (b)Any injuries or diseases caused by the vaccine and the
  191  rate at which each injury or disease occurs as a result of the
  192  vaccine.
  193         (c)The risk of permanent disability or death from the
  194  vaccine and whether such risk has been proven to be less than
  195  that caused by the infection it is intended to prevent.
  196         (d)Whether the vaccine’s manufacturer assumes liability,
  197  including for design defect claims, for any death or injury
  198  caused by the vaccine.
  199         (4)If a federal agency imposes, or a national or
  200  international health organization recommends, any mandatory
  201  vaccination policies during a national declaration of a public
  202  health emergency, the department or any other state agency,
  203  local government, or political subdivision thereof may not adopt
  204  or impose such policies in this state without approval of the
  205  Legislature.
  206         (5)The department or any other state agency, local
  207  government, or political subdivision thereof may not participate
  208  in or employ any digital health identification registry or
  209  similar mechanism of tracking health data of residents of this
  210  state without approval of the Legislature, regardless of whether
  211  such registry or mechanism is recommended or required by the
  212  Federal Government or any national or international health
  213  organization.
  214         Section 3. Subsection (5) of section 1003.22, Florida
  215  Statutes, is amended to read:
  216         1003.22 School-entry health examinations; immunization
  217  against communicable diseases; exemptions; duties of Department
  218  of Health.—
  219         (5) The provisions of This section does shall not apply in
  220  the following circumstances if:
  221         (a) The parent of the child objects in writing that the
  222  administration of immunizing agents conflicts with his or her
  223  religious tenets or practices.;
  224         (b) A physician licensed under the provisions of chapter
  225  458 or chapter 459 certifies in writing, on a form approved and
  226  provided by the Department of Health, that the child should be
  227  permanently exempt from the required immunization for medical
  228  reasons stated in writing, based upon valid clinical reasoning
  229  or evidence, demonstrating the need for the permanent
  230  exemption.;
  231         (c) A physician licensed under the provisions of chapter
  232  458, chapter 459, or chapter 460 certifies in writing, on a form
  233  approved and provided by the Department of Health, that the
  234  child has received as many immunizations as are medically
  235  indicated at the time and is in the process of completing
  236  necessary immunizations.;
  237         (d) The Department of Health determines that, according to
  238  recognized standards of medical practice, any required
  239  immunization is unnecessary or hazardous.; or
  240         (e) The parent of the child claims an exemption under s.
  241  381.0029(2) for an immunization required under this section. The
  242  exemption from the requirements of this section applies only to
  243  the immunization for which the exemption is claimed.
  244         (f) An authorized school official issues a temporary
  245  exemption, for up to 30 school days, to permit a student who
  246  transfers into a new county to attend class until his or her
  247  records can be obtained. Children and youths who are
  248  experiencing homelessness and children who are known to the
  249  department, as defined in s. 39.0016, shall be given a temporary
  250  exemption for 30 school days. The public school health nurse or
  251  authorized private school official is responsible for the
  252  follow-up followup of each such student until proper
  253  documentation or immunizations are obtained. An exemption for 30
  254  days may be issued for a student who enters a juvenile justice
  255  program to permit the student to attend class until his or her
  256  records can be obtained or until the immunizations can be
  257  obtained. An authorized juvenile justice official is responsible
  258  for the follow-up followup of each student who enters a juvenile
  259  justice program until proper documentation or immunizations are
  260  obtained.
  261         Section 4. This act shall take effect upon becoming a law.